Can lawyers work as independent lawyers in Vietnam?

Can lawyers work as independent lawyers in Vietnam?

Pursuant to Article 49 of the Law on Lawyers 2006 as amended by Clause 19 of Article 1 of the Law on Lawyers 2012 as amended Lawyers practising in their personal capacity is stipulated:

1. An independent lawyer is a lawyer working under a labor contract for a organization that does not practice law.

2. The independent lawyer must buy professional liability insurance as prescribed by the laws on insurance business if it is agreed in the labor contract.

3. An independent lawyer must not provide legal services for other organizations and individuals than the organization with which he or she has signed the labor contract, except for the participation in criminal proceedings requested by the presiding agencies, and provide legal supports under the assignment from the bar association of which he or she is a member.

Thus, according to the above provisions, lawyers may practice as independent lawyer in Vietnam. If you want to practice as an independence, you can register, you can refer to more below.

What are regulations on registering the practice of independent lawyers in Vietnam?

According to Article 50 of the Law on Lawyers 2006 as amended by Paragraph 20 of Article 1 of the Law on Lawyers 2012 as amended, practising law as a registered individual is as follows:

1. An independent lawyer shall register his or her practice at the Service of Justice in the same locality with the bar association of which he or she is a member.

An independent lawyer shall register submit the application for practicing law in accordance with the form provided by the Ministry of Justice, enclosed with the dossier, to the Service of Justice.

The dossier includes:

a) A copy of the lawyer practicing certificate, a copy of the lawyer’s card;

b) A copy of the labor contract signed with the organization.

2. Within 07 working days from receiving the complete dossier, the Service of Justice shall issue the certificate of lawyer registration; the refusal must be notified and explained in writing. The refused person is entitled to lodge complaints as prescribed by laws on proceedings.

3. The lawyer is entitled to practice law independently as from the date of issue of the certificate of lawyer registration. Within 07 working days as from the date of issue of the certificate of lawyer registration, the independent lawyer must send a written notification enclosed with a copy of the certificate of lawyer registration to the bar association of which he or she is a member.

4. The lawyer that moves to another bar association must notify the Service of Justice where he or she applied the practice, submit the certificate of lawyer registration issued, and carry out the procedure for practice registration at the Service of Justice in the same locality with the bar association to which he or she moves. the registration procedure is specified in Clause 1, 2 and 3 this Article.

When the lawyer stops practicing, the Service of Justice shall revoke the certificate of lawyer registration.

Best Regards!